A friend in need of help

[happyblessedme 12]

Helo fellow Vj members,

I need ur help for a friend of mine. SHe came here on a tourist visa, She had multiple entry visa so she was here for a couple of times already(from Philippines).

Her last visit here in US was last year still on a tourist visa but she decided to marry her boyfriend. To cut the story short she is now married to her long time boyfriend while on a tourist visa.

She already filed an adjustment of status but she is worried if this cause problems since she was tourist and got married here.

Questions:

1. what is she supposed to do legally to adjust her status here which she already did and had biometrics in january 2011 but havent heard any result yet?

2. She has 2 kids in the Philippines, 19 and 20. How or what can she do to get her kids here before the eldest turns 21. S/

Lastly ,she married her boyfriend here in Texas eventhough her annullment in the Philippines was not finalized yet..could this be a problem in adjusting her status??

pls,, help my friend. Thank you very much.

[Inky 1,110]

Sorry but her marriage to her Texan boyfriend is not a valid marriage because her annulment was not finalized.

She would have had to send in the I-130 with the I-485 papers to adjust status.

[Krikit 1,164]

Moving from Family-Based AOS to AOS From Other Visa.

She had to have lied on the marriage license application in order to get it so they're not going to take too kindly to that.

[VanessaTony 3,567]

She either lied on the AOS app and didn't admit her previous marriage (in which case when found out she will get a lifetime ban for lying) or she DID tell them about the previous marriage and lied about the divorce/annulment being final already (again lifetime ban for lying) or she DID tell them about it, admits the divorce/annulment isn't finalised and her AOS will be denied.

In any case her marriage is NOT valid. She would have lied on the marriage app saying she was divorced when she wasn't. So the marriage certificate she sent in isn't worth the paper it's written on. It's a big mess really.

I personally believe her best choice would be to withdraw the application. There is no need for her to divorce her man because it's not a valid marriage anyway so it doesn't "count". Then if her visa time is up she goes home. She can either apply for a fiancee visa once she gets home and her divorce/annulment in the Philippines is final or she can try and stay in the US now (as long as her I-94 doesn't expire otherwise it's too risky). I think she should go home for now at least. She's not married to this guy so she's not leaving her husband, and she won't get her AOS approved unless she lies so she's pretty screwed.

[Deputy Purple 1,294]

and once she gets the marriage to her Texan BF fixed and is a LPR (if she can/does) and petitions for her kids will have to be from her not the USC because the marriage didn't happen until after they were 18 so he can't petition for them as step-children.

[happyblessedme 12]

and once she gets the marriage to her Texan BF fixed and is a LPR (if she can/does) and petitions for her kids will have to be from her not the USC because the marriage didn't happen until after they were 18 so he can't petition for them as step-children.

Thank you all so much guys.

[cookieandcream 10]

wow messy, vanessa answer is really what I think anyone should go for